Cape Town - The Saldanha Bay Municipality was dealt another blow when the Western Cape High Court dismissed its second bid to remove a local church on Thursday, with costs.
Deputy Judge President Patricia Goliath dismissed the municipality’s urgent application to evict the Uni- Faith Ministries church in June.
The municipality said it had resolved to approach the high court last year as it wanted to commence construction of a housing development.
The municipality instructed its legal team to file leave to appeal papers against the judgment finding in favour of the church.
The municipality apparently cited as a reason to appeal that it was entitled to repossess the property.
The matter was argued last month and a verdict was delivered on Thursday, dismissing the municipality’s appeal with cost.
Judge Goliath found no merits in the appeal application.
“I have considered whether the appeal would have reasonable prospects of success and I am convinced that there are no reasonable prospects that this appeal would succeed,” read the papers.
The municipality said it was still studying the judgment for legal counsel to advise the way forward.
Pastor Izak Roedolf of the church said: “We just walked out of a very cold winter and into the very first day of spring.
“God is good for us, always has and will always be. After the second verdict, we are overwhelmed and super excited for what the Great Lord has done for us. We just want to do our bit in our community, to serve, help and feed the poor and the needy,“ he said.
Patriotic Alliance deputy provincial leader Sammy Claassen said the court battle was a David versus Goliath one from the start.
“Fortunately, the battle is over. It is done and the victory is won. No eviction will take place. The church is staying and will continue to serve the people and faith community of Vredenburg,” he said.
Cape Times